The Rape Protests – A Search for a ray of hope in these dark times

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My Head Mistress in school used to often tell us – “the most endangered of all species in the world are human beings, we only have ‘homo-sapiens’ in abundance.” The recent gang rape in Delhi on a 23 year old unfortunate girl has only reinforced my faith in my teacher’s words. It seems like many men, have still a long way to go in the process of evolution to human beings. They are, in fact, behaving worse than other primitive animals.

Perhaps, we men can never understand what our women go through every single day. We can at best sympathize with them, but not empathize in the true sense. Imagine – those awkward whistles while walking on the pavements; the ‘oye mere bul bul’ comments by the street urchins; the intentional touches and nudges in crowded trains, buses; the cheap stares that they encounter on a minute to minute to basis at schools, colleges, work places, shopping malls; the apprehension with which they get into an auto rickshaw; the fear with which they go out for an evening walk; the trepidation that they face when out for dinner with a friend – well, the list is never ending. How can I not mention the frightful tension that parents of girls face every single day, every single minute when their kids are out? So, to sum it up in one line – we men have made lives a living hell for our women folk.

And women live in this hell everyday and yet strive to make our lives happier – even at the cost of sacrificing their own self interests many a times. All of us want women in our lives – as a loving mother, a caring sister, a beautiful girlfriend, a devoted wife, an affectionate grandmother – yet, we do not give them the same love, care and respect that we expect from them. In fact, the very word ‘women’ suggests that there can be no ‘men’ without ‘women’. But we kill them even when they are barely a month old fetus, molest them when they are growing up and rape them to satiate our animalistic carnal desires. And we call ourselves as proud inheritors of a 5000 year old vibrant ‘civilization’. We are doing injustice to the very word -‘civilization’- by calling ourselves civilized, when in reality we have not come far from our barbaric selves. What else can one say when a 5 year old girl is raped or when, like in the Delhi case, a girl is brutally gang raped?

The Delhi rape case has rudely stirred and questioned the moral conscience of the country. Protests have erupted across the country today and people are seething in anger at the laxity of law enforcement authorities in not just preventing such crimes but also in bringing the perpetrators to book. The fundamental principle of jurisprudence on which the legitimate authority of a state rests is on the fear of retribution by the state. When we do not have laws which prescribe deterrent punishments and a judicial system which effectively brings the perpetrators to justice, this fear of retribution dissipates. As a consequence – criminals strut around fearlessly, crimes go unpunished, fear rules everywhere and the state loses its legitimate authority in the eyes of the people. This is precisely what has happened in our country today.

True, measures have to be taken immediately to fix these loopholes in the system. We need to build a criminal justice system where justice is delivered without unreasonable delay. The fast track courts in our country are doing injustice to even their name. We need stronger laws and more importantly, vigilant mechanisms to enforce them. It is equally important to train our law enforcement and prosecution agencies in scientific methods of investigation – a step that will go a long way in building a water tight prosecution case- something that is most essential for getting a conviction in a court of law.

Apart from these, one other suggestion that can be proposed is to make the law related to ‘attempt’ much clearer and tougher. Every crime has four steps. First, an intention to commit a crime, followed by preparation, the next stage is attempt and finally the commission of the crime. Our statutes have punishments for ‘attempt to commit’ and the ‘actual commission’ of a crime. However, I was horrified when I read cases, where the accused were acquitted on flimsy grounds when charged with an attempt to commit rape. The contention the accused generally take in such cases is that their acts amount to mere preparation and not attempt. Law punishes attempt and not preparation.

I remember reading a case wherein a man forcefully pulled a girl towards a bush at twilight, undressed himself, mounted on the girl and tried to rape her. However, he was unsuccessful in the act as he failed to get an erection. Luckily, the girl was saved. But strangely and horrifyingly, he managed to walk free by convincing the court to believe that his act amounted to only preparation and not attempt. What acts amount to attempt and what amount to only preparation can be highly subjective and wholly depend on the facts and circumstances of each case. There are a large number of precedents available which manifestly show us that this vacuum in the statute has been abused repeatedly by offenders. In order to prevent this abuse, the Law Commission of England in its report on Inchoate Offences, recommended the British Parliament to make even ‘criminal preparation’ a punishable offence. We need to take a cue from them and make even ‘preparation’ to rape a punishable offence.

Yes, we need better preventive mechanisms, stricter laws, competent prosecution agencies and efficient courts. But do they suffice? Can we have a policeman at every street corner? Can the government place a constable in every bus or public transport at all times? These measures can at best, help to reduce the likelihood of the occurrence of such crimes to a certain extent and nothing more. A large responsibility rests on the society as well. People, in general, need to be more vigilant. Incidents like eve- teasing have to be condemned and immediately brought to the notice of the concerned authorities. Nothing can substitute a sound education in morals and values. Youngsters, right from high schools and colleges, need to be taught to respect women. Every college goer must understand that objectification of women is not ‘cool’. In addition to this, at the cost of sounding chauvinistic, I would say that a significant responsibility rests on women too. Though it is true that the government must put adequate security measures in place, it is always safe to take reasonable care and pre-caution.

Lastly, the society must stop stigmatizing the unfortunate victims of rape. While the perpetrator of the crime gets acquitted and struts around in the society freely, the victim suffers a life term punishment of trauma and shame. The responsibility is on the society to ensure that the victims come out of their trauma and join the mainstream again. It is also important for the family – be it the victim’s parents, relatives, boyfriend or friends to stand by them in those tough times. This will not only embolden the victims to fearlessly report such crimes to the police, but will also help them lead a peaceful and happy life, forgetting the unfortunate ordeal.

But are all these measures enough? My friend asked me last night – “You can make laws to prevent sexual harassment and rape, but of what help will they be when a cheap ass tailor touches you with base intentions when you go to get your dress stitched, or when some person makes a contemptuous comment at you while on the street, or when someone purposively nudges you in a crowded train or a bus? Can these tough laws come to our rescue then? Will they prevent us from facing such embarrassment and humiliation every single day?” Her questions were persuasive and pertinent. They were also hard to answer.

Later in the night, I sent her a text message – Yes, laws cannot help as they cannot cure a disease of the mind. But we need not lose hope. We see hope on the streets of our towns and cities where thousands of youngsters have poured onto to express their outrage against rape. We see hope in the hundreds of tweets and facebook statuses of our youngsters condemning the objectification of women. We need not worry, for this new generation is making the independence movement meet its true ends – don’t you remember the Mahatma’s words? “Our nation will have achieved true independence and freedom only when a woman can walk in the midnight all alone and feel safe”

Excellent piece! So thought provoking! I might also add one thing> A nation which subjugates her own people with the leftovers of British colonial laws will never be independent whether women walk freely at midnight or not. The British colonial laws in India enshrine the will of the British people during the colonial days and not the informed will of the Indian people. This is why whilst Britain got rid of most of her Victorian Laws we in India are administered by the Victorian Laws. In the UK they had a few years ago even a plain English campaign to make laws more user friendly to the English speaking British but in India the laws remain cloaked in inaccessible Victorian English and legalese. This has to be seen in the context that unlike Britain India’s majority language is not English. Even having “Bad English” as India’s official language and the language of the higher courts(High Courts&Supreme Court) is a matter that needs to be intellectually challenged as in the EU courts one can use one’s own mother tongue! JAI HIND

http://twitter.com/nationfirst Indian First

I am still waiting for a truly honest article on this issue.. Apart from the usual suspects like women facing harassment in various places and enforcing laws, none of these articles want to expose the media which is one of the main culprits.. When your media portrays the western culture as THE BEST, you get all the issues associated with it too.. The left liberals may turn a blind eye to this, but I expected more in Centreright..

Some of the liberals’ role model countries show more rape counts on women than some of the lesser ‘liberal’ countries.. Including the much famed ‘liberal’ Scandinavian countries.. This, despite the legalized and easily available prostitution in those countries.. So, stop painting a false picture that Indian men are somewhat animalistic to our women.. There are issues to be resolved but few deviant men does not become examples..

The role of media is much less talked about but the media has gone on with its role in commodification of women more than anyone else.. Item songs, Porn stars acting in movies, Magazines full of semi nude pictures, even a Pain relieving balm advertisement showing sexual content.. Most of the youth in this country get their ideas on women from the media outside of the family… So, when the actresses, models etc. flaunt their bodies casually with the cameras zooming in on their private parts, what image does it send to the young men ?

Most of the men in India experience an extended adolescence and get married only after 25.. This is a vast difference when compared to the western countries.. So, as long as India remained conservative, these issues were not big.. but with the media becoming more and more catering to the ultra western rich Indians than to the common man, it assumes that people will simply consider it casual to expose the private parts in camera.. But what about the common man who sees all these ? He doesn’t have an outlet of his feelings when repeatedly exposed to the sleaze and sex in the media..

So, concerned citizens should not just ask the police aand politicians to do the job but ask the media to act a bit more morally.. Even news websites show semi naked women in the home page.. What am I going to tell my 8 year old cousin browsing the internet when he sees ‘**** wardrobe malfunction’, ‘the best cleavage shows of 2012’ ? When he grows up and sees women, are these things not going to cross his mind ? Especially when the parents and sisters at his home are conservative ? Whose fault are these ?

Girish

Looks like you have got influenced by the excessive media coverage & outrage over this issue. I see you blaming the Indian Men at large for this crime.

Historically, Men have been protectors. They have protected the dignity of the women whoever it might be their mother, sister, neighbor anyone. Even in the current case her friend tried his level best to protect her & was beaten very badly. Has media even uttered a word about him or his present health condition?

Rape is a heinous crime and the person who commits such a crime needs to be investigated thoroughly & punished severely once proven guilty.The percentage of Rape cases in India is very less when compared to many other advanced countries. Law can only punish the guilty and cannot stop crime from happening. India is the land where Dharma had its origin. We have forgotten our vibrant ‘civilization’ & crime increases when Dharma is forgotten.
Let more time be spent on How to stop such crime.

ramen

Moral policing will not help you brother…

The who issue is arising because of sexual oppression… why is sex considered a taboo? And before you start blaming the west… do you really think you can blame natural instincts to the west? As you have mentioned… why must only Indian men suffer extended adolescence till 25 when every men on earth achieve puberty by 13? (in fact 25 is still ok… most middle class men still suffer it well into 30s)… why people beat up couples in the parks when they cannot prevent the rapists and (dis)honor killers?

The main issue that you are trying to avoid by blaming the west is that India is a hypocrite nation that somehow thinks that “no sex please” attitude is something morally superior… besides, the rape is also used here by puritanical elements as a mode of “punishment” to women who are not submissive… It will not get better till you keep living in denial?

ramen

Also, no need to bring statistics here… It is not about how many rapes happen in the US, it is about what is happening here… should we feel proud of comparative statistics and be happy?

Also, have you ever considered the fact that rape is considered a taboo in India and the victim suffers more than the criminal in this society? Do you really think all events are reported in India, esp in rural areas? are these numbers really accurate?

http://twitter.com/nationfirst Indian First

No, I’m not comparing the western countries statistics with India and agree that most of such cases are not reported here.. What I’m stating is that the liberals have hijacked the agenda and state that ‘modern’ and ‘progressive’ means less clothes, more sleaze and sex.. They are abundant in the media and are setting the path for our future.. These elites are getting away with their attitude but the common man suffers.. It’s not always that women wearing provocative clothes are targeted but the way the women are portrayed in the media is definitely making them more as a ‘product’ to be ‘seen’ rather than human beings.. It’s high time someone call the media bluff and force them to be more responsible..

http://twitter.com/nationfirst Indian First

Natural instincts were there before 100 years too.. Were women treated this way then too ? No, they were respected more.. Indian men marry late due to socio economic conditions and most of them have a family which is dependent on them.. You cannot break that chain , otherwise it’ll create problems with our family structure..

It is for this reason that India remained conservative for centuries.. Sex is not a taboo but was hidden so that only adults are exposed to it..Only in India will you see Families organizing the first nights for the couples.. It is not a taboo or hypocritical but a tradition.. But the morons in cinemas and other media have started following the western open culture in the last 2 decades and are exposing a lot of things to the Indian youth who otherwise would not have even heard of such things.. What do you expect is the result ?

It is common in the west to go to the beach as a family wearing bikini and the same is shown in the media also.. Is it the same in India ? When magazine covers show Women in skimpy clothes and the movies show heroines almost naked, how is it reflected in the society ? Where are the youth going to outlet their desire ? All these are not natural changes.. The media and the elites set the agenda for the country without caring about what happens to the society.. They need to be held accountable..

People beat up couple in the parks because they are showing things to others who will also want to do such things. How many are OK with their children seeing couples cuddling with each other when they have gone with their family ? There is a vast disconnect between what is portrayed in the media and what happens in the society.. This is a big problem..

ramen

Firstly, you cannot expect the society to remain unchanged for centuries, change is the only constant… secondly, I am not really sure of the logic that “earlier it did not used to happen”… Did not brothels exist earlier? It is only that the incidents get more publicity due to improvement of communication nowadays…

“Where are the youth going to outlet their desire ? All these are not natural changes…”
That is exactly my point, why is it wrong to have a desire? Indians live a tough life… they have to study hard and then earn a living… but when they have a natural arousal, they are forced into feel guilty by the society…
Do you think you can fool a 18 year old to not having an sexual arousal by shielding them from movies?

Sex is a perfectly natural process… by introducing these Victorian shackles, the middle class India is just making it more complicated…

http://twitter.com/nationfirst Indian First

Well, you cannot hide everything.. but the media shows vulgarity on a regular dosage making the youth even more vulnerable.. It is not wrong to have a desire but showing things increasing your desire is the one to blame..

This change you are talking about is not a natural change in the society but the one brought in by the media barons and the filmmakers who are blindly after money.. Sex always sells and they are capitalizing on this fact.. But they are wrecking havic in the society and the family system we have been following for centuries..

What is your solution ? We should also let the teenagers mingle with each other and go away from the family ? Who will earn for them and their studies ? where are the jobs ? what will happen to the economy ? We already have enough unemployment..

All these are incompatible with the Indian model and culture.. Besides, as the statistics shown above, the situation did not improve in the so called ‘open’ societies where sex and prostitution are easily available.. what explains the high rape count in countries like Sweden, US etc. ? Don’t they have the same culture you are proposing ?

ramen

“We should also let the teenagers mingle with each other and go away from the family ? Who will earn for them and their studies ? where are the jobs ? what will happen to the economy ? We already have enough unemployment…”

Firstly: The main point is against this parochial attitude. Why should you “allow” or “disallow” anyone? people should have the right to decide that… anyways, I wasn’t talking about the teenagers but grown men and woman…

Secondly: I am struggling to understand your second point… how are they even related? I think it is typical Indian middle class paranoia… do you think one will fail in exams and in professional lives simply by having sex? I think you need a reality check. I know enough people who watch porn regularly and have had premarital intercourse… they have not turned into rapists or criminals or even slackers by doing that… they have done well in studies and now earning well to take care of their conservative parents who are by the way unaware of these facts…;)

“what explains the high rape count in countries like Sweden, US etc. ? Don’t they have the same culture you are proposing ?”

I have already expressed my views regarding this… I repeat the points since apparently you did not read them…

Firstly all I am proposing is that everyone should have the right to satisfy their sexual needs without suffering moral policing and social oppression… this NOT “western”, this is only logical and natural,,, You do not want India to be US which is alright but I do not want it to be Saudi Arabia either….

The culture and the “Indian Way” is basically the way developed in last few centuries as a result of slavery and oppression… the puritanical thought process is an import from the Victorian Moral discourse, there is nothing Indian in it and I detest it…

Secondly as I’d mentioned, statistics do not tell you anything…
1. Do all the incidents get recorded in India? Do you really think those victims in the hinterland full of honor killers will go to the police and describe it?
2. Do victims go through social stigma in the US like they do in India? Why do you think some victims commit suicide in India? This is because of the social stigma… this puritanical society is responsible for their death… In a developed country a victim will never kill herself but will fight back…

Anyways, my point is not to have any socio-cultural debate, people have different views towards life… you live your way but you should not expect everyone to follow that… My only point is that till you look for excuses by blaming the west you will never solve the problem…

Sunjay

Homo sapiens is not the only species to rape, rape is quite commen in Animal kingdom primarily among mammals including primates. Number of women raped in India is actually quite low, US for instance has a higher “rape rate” than India. “Date rape” is a very series sociological issue there. Rape is certainly a heinous crime but when I see Feminist Talibans with Banners & Play-cards saying things like “teaching men not to rape”, I just wonder what does it supposed to mean? How about “teaching Humans not to murder”, I guess that will be considered ridiculous, in the same way men who are determined rape will rape, no matter what you teach them. Its time Indian feminists discard this failed ideology of a declining civilization and stop anti men rhetoric.

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